2013 Kentucky Revised Statutes CHAPTER 151 - GEOLOGY AND WATER RESOURCES 151.297 Orders for remedy -- Action by cabinet -- Contracts or agreements for required work -- Hearings.
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151.297 Orders for remedy -- Action by cabinet -- Contracts or agreements for
required work -- Hearings.
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Whenever the cabinet determines that any person to which a certificate of
inspection has been issued has failed to comply with the conditions in said
certificate or whenever the cabinet determines that life or property are or may
be endangered by the failure or incapacity of any dam, reservoir, levee,
embankment, or other water barrier, or by any other cause related to a dam or
reservoir, levee, embankment, or other water barrier irrespective of any
condition or the lack thereof in the certificate of inspection for said dam or
reservoir, or in those instances where no certificate is required on the levee,
embankment or other water barrier, the cabinet shall order the owner thereof to
take such action as is necessary to render the dam, reservoir, levee,
embankment, or other water barrier safe.
When the cabinet determines that the dam, reservoir, levee, embankment, or
other water barrier has been abandoned; or where the owner fails, in the
judgment of the cabinet, to take satisfactory action toward compliance with an
order, issued pursuant to this section; or where an owner fails to maintain a
satisfactory rate of progress toward full compliance therewith; or where in the
judgment of the cabinet, the danger to life or property will not permit delay, the
cabinet shall declare that an emergency exists and shall take such action as it
deems necessary to render the dam, reservoir, levee, embankment, or other
water barrier safe, which action may include, but is not limited to:
(a) Taking full charge and control of the dam, reservoir, levee, embankment,
or other water barrier;
(b) Lowering the water level or emptying the reservoir;
(c) Performing any necessary remedial or protective work at the site;
(d) Taking such other steps as may be necessary to safeguard life and
property; or
(e) Removing the dam, reservoir, levee, embankment, or other water barrier.
The cabinet may continue such action until the dam, reservoir, levee,
embankment, or other water barrier involved is rendered safe or the emergency
requiring the action has ceased. The secretary is authorized to enter into
contracts or agreements with other state, local, or federal agencies, or other
persons, for work necessary to implement such necessary actions.
Any person to whom an order is directed pursuant to this section shall comply
therewith immediately, but, on petition to the cabinet, may within five (5)
working days have a hearing thereon.
Effective:June 17, 1978
History: Amended 1978 Ky. Acts ch. 206, sec. 2, effective June 17, 1978. -Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(9). -- Created 1974 Ky. Acts
ch. 285, sec. 10.
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